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The Moray Council Council Office High Street Elgin IV30 1BX Tel: 01343 563 501 Fax: 01343 563 263 Email: development.control@moray.gov.uk

Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.

Thank you for completing this application form:

ONLINE REFERENCE 100039782-001

The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application.

Description of ProposalPlease describe accurately the work proposed: * (Max 500 characters)

Has the work already been started and/ or completed? *

No Yes - Started Yes – Completed

Applicant or Agent DetailsAre you an applicant or an agent? * (An agent is an architect, consultant or someone else actingon behalf of the applicant in connection with this application) Applicant Agent

Proposed alterations and first floor extension to existing bothy.

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Agent DetailsPlease enter Agent details

Company/Organisation:

Ref. Number: You must enter a Building Name or Number, or both: *

First Name: * Building Name:

Last Name: * Building Number:

Address 1Telephone Number: * (Street): *

Extension Number: Address 2:

Mobile Number: Town/City: *

Fax Number: Country: *

Postcode: *

Email Address: *

Is the applicant an individual or an organisation/corporate entity? *

Individual Organisation/Corporate entity

Applicant DetailsPlease enter Applicant details

Title: You must enter a Building Name or Number, or both: *

Other Title: Building Name:

First Name: * Building Number:

Address 1Last Name: * (Street): *

Company/Organisation Address 2:

Telephone Number: * Town/City: *

Extension Number: Country: *

Mobile Number: Postcode: *

Fax Number:

Email Address: *

George Douglas Architects

Mr

Steven

John

Douglas

Webb

Mackenzie Place

Lower Blantyre Street

4

17

01224524139

AB24 3EG

AB56 4RQ

United Kingdom

Scotland

Aberdeen

Buckie

Old Aberdeen

Cullen

info@georgedouglas.co.uk

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Site Address DetailsPlanning Authority:

Full postal address of the site (including postcode where available):

Address 1:

Address 2:

Address 3:

Address 4:

Address 5:

Town/City/Settlement:

Post Code:

Please identify/describe the location of the site or sites

Northing Easting

Pre-Application DiscussionHave you discussed your proposal with the planning authority? * Yes No

TreesAre there any trees on or adjacent to the application site? * Yes No

If yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if any are to be cut back or felled.

Access and ParkingAre you proposing a new or altered vehicle access to or from a public road? * Yes No

If yes, please describe and show on your drawings the position of any existing, altered or new access points, highlighting the changes you proposed to make. You should also show existing footpaths and note if there will be any impact on these.

Planning Service Employee/Elected Member InterestIs the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an Yes Noelected member of the planning authority? *

ROSE HAVEN COTTAGE

Moray Council

17 LOWER BLANTYRE STREET

CULLEN

BUCKIE

AB56 4RQ

867343 351200

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Certificates and NoticesCERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATION 2013

One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1,Certificate B, Certificate C or Certificate E.

Are you/the applicant the sole owner of ALL the land? * Yes No

Is any of the land part of an agricultural holding? * Yes No

Certificate RequiredThe following Land Ownership Certificate is required to complete this section of the proposal:

Certificate A

Land Ownership CertificateCertificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

Certificate A

I hereby certify that –

(1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying application.

(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding

Signed: Steven Douglas

On behalf of: Mr John Webb

Date: 14/02/2017

Please tick here to certify this Certificate. *

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Checklist – Application for Householder ApplicationPlease take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information in support of your application. Failure to submit sufficient information with your application may result in your application being deemed invalid. The planning authority will not start processing your application until it is valid.

a) Have you provided a written description of the development to which it relates?. * Yes No

b) Have you provided the postal address of the land to which the development relates, or if the land in question Yes Nohas no postal address, a description of the location of the land? *

c) Have you provided the name and address of the applicant and, where an agent is acting on behalf of the Yes Noapplicant, the name and address of that agent.? *

d) Have you provided a location plan sufficient to identify the land to which it relates showing the situation of the Yes Noland in relation to the locality and in particular in relation to neighbouring land? *. This should have a north pointand be drawn to an identified scale.

e) Have you provided a certificate of ownership? * Yes No

f) Have you provided the fee payable under the Fees Regulations? * Yes No

g) Have you provided any other plans as necessary? * Yes No

Continued on the next page

A copy of the other plans and drawings or information necessary to describe the proposals(two must be selected). *

You can attach these electronic documents later in the process.

Existing and Proposed elevations.

Existing and proposed floor plans.

Cross sections.

Site layout plan/Block plans (including access).

Roof plan.

Photographs and/or photomontages.

Additional Surveys – for example a tree survey or habitat survey may be needed. In some instances you Yes Nomay need to submit a survey about the structural condition of the existing house or outbuilding.

A Supporting Statement – you may wish to provide additional background information or justification for your Yes NoProposal. This can be helpful and you should provide this in a single statement. This can be combined with aDesign Statement if required. *

You must submit a fee with your application. Your application will not be able to be validated until the appropriate fee has been Received by the planning authority.

Declare – For Householder ApplicationI, the applicant/agent certify that this is an application for planning permission as described in this form and the accompanyingPlans/drawings and additional information.

Declaration Name: Mr Steven Douglas

Declaration Date: 15/02/2017

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Payment Details

Cheque: Patrician Properties Ltd, 001414Created: 15/02/2017 09:05

REPORT OF HANDLING

Ref No: 17/00230/APP Officer: Cathy Archibald

Proposal Description/Address

Proposed alterations and first floor extension to existing bothy at Rose Haven Cottage 17 Lower Blantyre Street Cullen Buckie

Date: 04/05/17 Typist Initials: FJA

RECOMMENDATION

Approve, without or with condition(s) listed below N

Refuse, subject to reason(s) listed below Y

Legal Agreement required e.g. S,75 N

Notification to Scottish Ministers/Historic Scotland N

Hearing requirements

Departure N

Pre-determination N

CONSULTATIONS

Consultee Date Returned

Summary of Response

Environmental Health Manager 23/02/17 No objection

Contaminated Land 23/02/17 No objection

DEVELOPMENT PLAN POLICY

Policies Dep Any Comments

(or refer to Observations below)

H4: House Alterations and Extensions Y

BE3: Conservation Areas Y

EP9: Contaminated Land N If approved asbestos should be considered

IMP1: Developer Requirements Y

REPRESENTATIONS

Representations Received YES

Total number of representations received ONE

Names/Addresses of parties submitting representations Name and address details of parties submitting representations withheld in accordance with the Data Protection Act.

Summary and Assessment of main issues raised by representations

Issue: Balcony at back of house would overlook neighbours in Campbell Street and Lower Blantyre street. Possible conflict with Moray Council Development Plan, Residential Development Policy H4 and Built Environment Policy BE3. Comments (PO): See observations below, issue of overlooking specifically addressed.

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OBSERVATIONS – ASSESSMENT OF PROPOSAL

Section 25 of the 1997 Act as amended requires applications to be determined in accordance with the development plan i.e. the adopted Moray Local Development Plan 2015 (MLDP) unless material considerations indicate otherwise. The main planning issues are considered below. The Proposal The application seeks planning permission for the upgrading and extending the existing bothy building to provide ancillary accommodation to the adjoining property. The proposal includes

A new slated pitched roof with new roof light and two traditional bow fronted dormers

Flat roofed dormer on the rear elevation contained within the roof slope and set well in from the eaves and gables of the building with double glazed timber framed windows.

Four patio doors opening onto a small balcony on the rear elevation and enclosed by a low glass barrier; supported on three thin timber columns.

The material finishes are natural slate roof, stonework retained at the and timber painted dormers facing Lower Blantyre Street; harled blockwork on north -west elevation.

The new accommodation includes domestic/storage area on the first floor level and bout house, store, WC and bothy on the ground floor level and patio.

Planning History Application 10/02125/APP for the same proposal was refused and the decision overturned at the Local Review Body on 23rd July 2012. The applicant has received approval for a similar style dormer, without the balcony, at number 19 South Blantyre Street 09/01581/APP, approved on the 23 February 2010. This dormer is also located on the rear of the dwelling and will not be readily seen from the surrounding public ways. In addition the surrounding properties to number 19 help to screen the rear of this property from public view. The Planning Officer was unable to gain access to the rear of the property after contacting the Agent on more than one occasion. The site was viewed from neighbouring properties. Site and Surrounds 17 Lower Blantyre Street is a 1.5 storey semi-detached unlisted house with an adjacent bothy located within Cullen Victoria Street Conservation Area, this area is characterised by small compact houses and gardens. The garden is back to back with the neighbouring gardens in Campbell Street which lie slightly lower than the Lower Blantyre Street and adjacent to the neighbouring garden at No 13 Lower Blantyre Street. Whilst the distance to the existing garden boundaries is approx. 24m and 5/6m respectively due to topography and boundary treatments between gardens, the development would be open to view from the surrounding properties and the public road. Policy Assessment The proposal is contrary to policies IMP1, BE3 and H5 of the Moray Local Plan 2015 based on the following considerations. The proposals are required to be assessed against Policy H4: House Alterations and Extensions and IMP1: Development Requirements in terms of style, scale, proportions, materials and the potential impact on the surrounding area. The main issue for consideration is whether the proposal will have any adverse effects or impacts on the amenity of the existing house and the surrounding area, including any neighbouring dwellings. Policy BE3: Conservation Areas states that:- "Development proposals within Conservation Areas will require to be submitted as full detailed planning applications and will be refused if the adversely affect the character or appearance of the Conservation Area in terms of scale, height, materials, colour, detailed design and use.

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All development within a Conservation Area should preserve or enhance the established traditional character and appearance of the area". The Cullen Conservation Appraisal which was approved by committee on 14 June 2016 states that as roof dormers are such a predominant visual feature throughout the Conservation Area it is important that their design is in keeping with and is visually subordinate to the roof upon which it is set. There are numerous examples of inappropriate box dormers that incorporate modern non-traditional designs. Inappropriate designs, materials, or dormers that dominate the building can have a detrimental impact to the character of the Conservation Area. With due consideration to the above criteria the impact of a long platform style dormer to the rear of the bothy, which is open to view, will detract from and adversely affect the character and appearance of the Conservation Area in terms of scale and detailed design. The resulting development will dominate the traditional design, scale and proportions of the original cottage to such an extent that these features and qualities will be lost in their entirety on the rear elevation. This style of structure is not sensitive to the scale, proportions and design of the surrounding properties. Given its location, open aspect and distance from the neighbouring adjacent properties, overlooking already occurs however the proposed balcony in such a prominent position would have more of a significant adverse impact, in terms of overlooking or privacy than already occurs and detract from neighbours enjoying their garden, contrary to the amenity requirement of policy IMP1. The development on the front elevation is considered to be acceptable; and indeed the use of appropriate material finishes (harled blockwork and slates and timber framed windows all to match the existing building) would ensure that the building would respond well to its setting and preserve/enhance the character and appearance of the conservation area. The applicant was asked to omit the balcony from the proposal but has declined to agree to this change of design. In light of this it is considered that the proposal is unacceptable and is recommended for refusal. REASONS FOR REFUSAL The Council's reason(s) for making this decision are:- On the basis of the above, it is considered that the proposal does not conform to the relevant policies in the Moray Local Plan and therefore the application is recommended for refusal.

OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT

None

HISTORY

Reference No. Description Proposed alterations to existing bothy at 17 Lower Blantyre Street Cullen

Buckie Moray AB56 4RQ 10/02125/APP Decision Refuse

Date Of Decision 05/01/12

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ADVERT

Advert Fee paid? Yes

Local Newspaper Reason for Advert Date of expiry

Banffshire Advertiser Planning application affecting LB/CA

20/03/17

PINS Planning application affecting LB/CA

20/03/17

DEVELOPER CONTRIBUTIONS (PGU)

Status N/A

DOCUMENTS, ASSESSMENTS etc. * * Includes Environmental Statement, Appropriate Assessment, Design Statement, Design and Access Statement, RIA, TA, NIA, FRA etc

Supporting information submitted with application? NO

Summary of main issues raised in each statement/assessment/report

Document Name:

Main Issues:

S.75 AGREEMENT

Application subject to S.75 Agreement NO

Summary of terms of agreement:

Location where terms or summary of terms can be inspected:

DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs)

Section 30 Relating to EIA NO

Section 31 Requiring planning authority to provide information and restrict grant of planning permission

NO

Section 32 Requiring planning authority to consider the imposition of planning conditions

NO

Summary of Direction(s)

Comments for Planning Application 17/00230/APP

Application Summary

Application Number: 17/00230/APP

Address: Rose Haven Cottage 17 Lower Blantyre Street Cullen Buckie Moray AB56 4RQ

Proposal: Proposed alterations and first floor extension to existing bothy at

Case Officer: Cathy Archibald

Customer Details

Name:

Address:

Comment Details

Commenter Type: Neighbour

Stance: Customer objects to the Planning Application

Comment Reasons:

- Contrary to Local Plan

- Loss of privacy (being overlooked)

Comment:Balcony at back of house would overlook neighbours in Campbell street and Lower

Blantyre street. Possible conflict with Moray Council Development Plan, Residential Development

Policy H4 and Built Environment Policy BE3.

Consultation Request Notification

Planning Authority Name The Moray Council

Response Date 8th March 2017

Planning Authority Reference 17/00230/APP

Nature of Proposal (Description)

Proposed alterations and first floor extension to existing bothy at

Site Rose Haven Cottage 17 Lower Blantyre Street Cullen Buckie Moray AB56 4RQ

Site Postcode N/A

Site Gazetteer UPRN 000133020493

Proposal Location Easting 351200

Proposal Location Northing 867343

Area of application site (Ha) m2

Additional Comment

Development Hierarchy Level LOCAL

Supporting Documentation

URL

http://public.moray.gov.uk/eplanning/centralDis

tribution.do?caseType=Application&keyVal=O

LGGY2BGJJG00

Previous Application 10/02125/APP

Date of Consultation 22nd February 2017

Is this a re-consultation of an existing application?

No

Applicant Name Mr John Webb

Applicant Organisation Name

Applicant Address 17 Lower Blantyre Street Cullen Buckie Scotland AB56 4RQ

Agent Name George Douglas Architects

Agent Organisation Name

Agent Address

4 Mackenzie Place Old Aberdeen Aberdeen United Kingdom AB24 3EG

Agent Phone Number

Agent Email Address N/A

Case Officer Cathy Archibald

Case Officer Phone number 01343 563101

Case Officer email address cathy.archibald@moray.gov.uk

PA Response To consultation.planning@moray.gov.uk

NOTE: If you do not respond by the response date, it will be assumed that you have no comment to make. The statutory period allowed for a consultation response is 14 days. Due to scheduling pressures if a definitive response is not received within 21 days this may well cause the two month determination period to be exceeded.

Please respond using the attached form:-

MORAY COUNCIL

PLANNING CONSULTATION RESPONSE

From: Contaminated Land

Planning Application Ref. No: 17/00230/APP Proposed alterations and first floor extension to existing bothy at Rose Haven Cottage 17 Lower Blantyre Street Cullen Buckie for Mr John Webb

I have the following comments to make on the application:- Please

x (a) I OBJECT to the application for the reason(s) as stated below

(b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal

X

(c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below

(d) Further information is required in order to consider the application as set out below

Contact: Adrian Muscutt Date…23.02.2017………………………

……….. email address: Phone No …………………………….. Consultee:

Return response to consultation.planning@moray.gov.uk

Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at http://public.moray.gov.uk/eplanning/ (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received on the proposal). In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information. Where appropriate other “sensitive” information within documents will also be removed prior to publication online.

Consultation Request Notification

Planning Authority Name The Moray Council

Response Date 8th March 2017

Planning Authority Reference 17/00230/APP

Nature of Proposal (Description)

Proposed alterations and first floor extension to existing bothy at

Site Rose Haven Cottage 17 Lower Blantyre Street Cullen Buckie Moray AB56 4RQ

Site Postcode N/A

Site Gazetteer UPRN 000133020493

Proposal Location Easting 351200

Proposal Location Northing 867343

Area of application site (Ha) m2

Additional Comment

Development Hierarchy Level LOCAL

Supporting Documentation

URL

http://public.moray.gov.uk/eplanning/centralDis

tribution.do?caseType=Application&keyVal=O

LGGY2BGJJG00

Previous Application 10/02125/APP

Date of Consultation 22nd February 2017

Is this a re-consultation of an existing application?

No

Applicant Name Mr John Webb

Applicant Organisation Name

Applicant Address 17 Lower Blantyre Street Cullen Buckie Scotland AB56 4RQ

Agent Name George Douglas Architects

Agent Organisation Name

Agent Address

4 Mackenzie Place Old Aberdeen Aberdeen United Kingdom AB24 3EG

Agent Phone Number

Agent Email Address N/A

Case Officer Cathy Archibald

Case Officer Phone number 01343 563101

Case Officer email address cathy.archibald@moray.gov.uk

PA Response To consultation.planning@moray.gov.uk

NOTE: If you do not respond by the response date, it will be assumed that you have no comment to make. The statutory period allowed for a consultation response is 14 days. Due to scheduling pressures if a definitive response is not received within 21 days this may well cause the two month determination period to be exceeded.

Please respond using the attached form:-

MORAY COUNCIL

PLANNING CONSULTATION RESPONSE

From: Environmental Health Manager

Planning Application Ref. No: 17/00230/APP Proposed alterations and first floor extension to existing bothy at Rose Haven Cottage 17 Lower Blantyre Street Cullen Buckie for Mr John Webb

I have the following comments to make on the application:- Please

x (a) I OBJECT to the application for the reason(s) as stated below

(b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal

X

(c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below

(d) Further information is required in order to consider the application as set out below

Reason(s) for objection

Condition(s)

Further comment(s) to be passed to applicant

Further information required to consider the application

Contact: James McLennan Date…23.02.2017………………………

……….. email address: Phone No …………………………….. Consultee:

Return response to consultation.planning@moray.gov.uk

Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at http://public.moray.gov.uk/eplanning/ (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received on the proposal). In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information. Where appropriate other “sensitive” information within documents will also be removed prior to publication online.

Planning Reference: 17/00230/APP Case Officer Name: Cathy Archibald Proposal: Proposed alterations and first floor extension to existing bothy Site Address: Rose Haven Cottage 17 Lower Blantyre Street Cullen Buckie Moray Site Post Code: AB56 4RQ Grid Reference: NJ 5121 6734 Apologies for the delay in submitting my comments on this application. Having considered the above application, which affects a bothy dating to the 19th Century, I would ask that the following condition is applied:

“Photographic Survey Condition (PAN 2/2011, SPP, HESP) No demolition or development shall take place prior to a photographic survey being undertaken by the developer and approved by the planning authority. All elevations, both external and internal (where it is safe to access the building), together with the setting of the building, and any unusual feature/s, shall be photographed and clearly annotated on a plan. Photographs, which should be digital files (jpeg, tiff, pdf) submitted by email, on CD or via online file sharing services, shall be clearly marked with place name for identification, national grid reference and planning reference and deposited with the Archaeology Service for addition into the local Sites and Monuments Record. Reason: to ensure a historic record of the building.” Should you have any comments or queries regarding the above, please do not hesitate to contact me. Kind regards,

Claire Herbert MA(Hons) MA MCIfA FSA Scot Archaeologist Archaeology Service Infrastructure Services Aberdeenshire Council Woodhill House Westburn Road Aberdeen AB16 5GB 07825356913 claire.herbert@aberdeenshire.gov.uk Archaeology Service for Aberdeenshire, Moray, Angus & Aberdeen City Councils 2017: Celebrating the History, Heritage & Archaeology of North East Scotland https://www.aberdeenshire.gov.uk/leisure-sport-and-culture/archaeology/ https://online.aberdeenshire.gov.uk/smrpub/